MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These two appeals and the revision application are inter-linked. While the appeals have been filed by accused persons, who have been convicted, revision petition has been filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (in Short 'the Code') by widow of the deceased who lost his life in the alleged occurrence. For the sake of convenience, accused persons are referred to as 'A1, A2 etc.' as they were arrayed as accused persons during trial.

(2.) Accused persons have been found guilty of offences punishable under Sections 143, 147, 148, 341, 324 and 302 of Indian Penal Code, 1860 (in short 'Indian Penal Code') read with Sec. 149 thereof. A2 and A7 are respondents 1 and 2 in the revision application. Except A2 and A7, all other accused were sentenced to undergo imprisonment for life. They were separately sentenced to undergo rigorous imprisonment for three years for the offence punishable under Sec. 148 and simple imprisonment for one month for the offence punishable under Sec. 341. In view of the sentence imposed for offence punishable under Sec. 148 Indian Penal Code, no separate sentence was awarded in respect of offences punishable under Sections 143 and 147 Indian Penal Code. All the sentences were directed to run concurrently. A2 (first respondent in the criminal revision) was sentenced to undergo rigorous imprisonment for three years for the offence punishable under Sec. 148; simple imprisonment for one month for the offence punishable under Sec. 341 and rigorous imprisonment for three years for the offence punishable under Sec. 324 Indian Penal Code. No separate sentence was awarded under Sections 143 and 147 Indian Penal Code. So far as A7 (second respondent, in the criminal revision) is concerned, he has been sentenced to undergo rigorous imprisonment for two years for the offence punishable under Sec. 144 Indian Penal Code. No separate sentence was awarded under Sec. 143 Indian Penal Code. It was made clear that accused persons were entitled to get set off for the period undergone by them in judicial custody under Sec. 428 of the Code.

(3.) Prosecution, version, as unfolded during trial, is as follows :